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Obligations Flashcards

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1
Q

Civil Obligation vs Natural Obligation

what law? juridical necessity?

A

Civil Obligation
- positive law
- has juridical necessity

Natural Obligation
- natural law
- no juridical necessity (but if voluntary → hindi pwede bawiin ni debtor)

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2
Q

Prescription Period of Civil Obligation

written? oral? quasi-contract? quasi-delict?

A

Written - 10 years
Oral - 6 years
Quasi-Contract - 6 years
Quasi-Delict - 4 years

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3
Q

Essential Elements of Obligation

PAPL (and specifics)

A
  1. Passive Subject - debtor / obligor
  2. Active Subject - creditor / obligee
  3. Prestation - subject matter (to give, to do, not to do)
  4. Legal Tie - reason why there is an obligation (sources of obligation)
    can also be called Vinculum Juris
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4
Q

Law
- not presumed, dapat nakalagay sa law
- e.g. obligation of parents to support children

Quasi Contract
- certain lawful, voluntary, unilateral acts
- no one unjustly enriched at expense of another

A

Yes

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5
Q

Kinds of Quasi Contract
- Negotiorum Gestio

2 requisites

A
  1. Neglected or abandoned
  2. Without consent or authority

If emergency → no need to be abandoned

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6
Q

Delict
- supervised by Revised Penal Code

3 Examples of Civil Liability
1. Restitution
2. Reparation
3. Indemnification

A

Yes

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7
Q

What is the proof necessary for…
- criminal liability
- civil liability

A
  • proof beyond reasonable doubt
  • preponderance of evidence

if acquitted but still with reasonable doubt → no criminal liability, may have civil liability

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8
Q

Quasi - Delict
- civil negligence / culpa aquilliana / torts

3 Requisites

A

Requisites
1. act because of fault or negligence
2. caused damage
3. direct causal connection of act and damage

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9
Q

Obligations of Debtor to Give

Determinate Thing (4) vs Indeterminate Thing (2)

A

Determinate Thing
1. take care of the thing
2. deliver fruits, accessions, accessories
3. deliver the thing
4. answer for damages

Indeterminate Thing
1. deliver the thing
2. answer for damages

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10
Q

3 Kinds of Fruits

When does obligation to deliver the fruit arises?

A
  1. Natural - spontaneous products of soil, and young / products of animals
  2. Industrial - through cultivation or labor
  3. Civil - due to obligations or contracts

time to deliver the thing arises

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11
Q

Personal Right vs Real Right

A

Personal Right
- only against a specific person
- only damages (not ownership)

Real Right
- against whole world
- possession or ownership

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12
Q

Accessions vs Accessories

A

Accessions
- produced by a thing, incorporated or attached there to
- can still function

Accessories
- for embellishment, better use, or completion
- cannot function (ESSENTIAL)

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13
Q

Obligation to Deliver INDETERMINATE THING
- since indeterminate naman, can I deliver something na mas pangit? something na mas maganda?

A

NO (cannot deliver inferior / superior quality)

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14
Q

Remedies of Creditor (to Give)

Determinate Thing vs Indeterminate Thing

A

Determinate Thing
1. specific performance

Indeterminate Thing
1. specific performance
2. substitute performance

Determinate → substitute performance is not possible since determinate nga yung thing (laptop na kay debtor lang)

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15
Q

Remedies of Innocent Party (Reciprocal Obligation - yung isa ready na, tapos yung isa hindi pa)

Some things to remember for rescission

A
  1. specific performance
  2. rescission
  • can only choose one
  • if i choose rescission → cannot choose specific performance anymore
  • rescission is implied and must be declared by court

Rescission - pag reciprocal obligations lang

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16
Q

Remedies of Creditor

To Do vs Not To Do
- cannot be specific performance because that would be tantamount to involuntary servitude

A

To Do (Contravention to Tenor)
1. substitute performance

Not to Do
1. undone @ expense of debtor

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17
Q

Successive Rights of Creditor to Satisfy Claims Against Debtor

3 remedies possible

A
  1. Attachment of properties
  2. Accion Subrogatoria → exercise rights and bring actions of debtor
  3. Accion Pauliana or Rescission → impugn acts of debtor (to defraud)
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18
Q

2 Kinds of Fraud (Dolo)

A
  1. Incidental Fraud - @ time of performance
  2. Causal Fraud - @ time of perfection
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19
Q

If there’s a causal fraud, obligation is void. True or False?

If there’s an incidental fraud, obligation is void. True or False?

What is the remedy?

A
  • False - Voidable (can be annulled)
  • False - Valid (may only ask for damages)
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20
Q

3 Kinds of Negligence (Culpa)
1. Culpa Contractual
2. Culpa Aquiliana
3. Culpa Criminal

A

Yes

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21
Q

Waiver of action for future fraud is valid. True or False?

Waiver of action for past fraud is valid. True or False?

A
  • False (Void)
  • True (treat it as condonation)
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22
Q

Waiver of action for future negligence is valid. True or False?

Waiver of action for past negligence is valid. True or False?

A
  • True (Void if extraordinary diligence / bad faith)
  • True (treat it as condonation)
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23
Q

May damages arising from negligence be reduced?

A

Yes

Immediate cause → cannot be reduced
Contributory → may be reduced (jaywalking)

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24
Q

Kinds of Delay (Mora)
- solvendi, accipiendi, compensatio morae

Requisites of Legal Delay (3D)

A
  • Obligation is Due and Demandable
  • Did not perform the obligation on time
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25
General Rule : No Demand, No Delay whether demand is judicial or extrajudicial Exceptions (no need for demand)
1. Stipulated → "w/o need of demand" 2. Law so provides 3. Time is of the essence 4. Demand would be useless 5. In case of reciprocal obligations
26
Is it sufficient enough to be called fortuitous event if it cannot be foreseen?
No (it must be inevitable / impossible to avoid too)
27
General Rule : not liable if fortuitous events Exceptions
1. Stipulated 2. Requires assumption of risk 3. Law so provides - guilty of FNDC - promises to deliver the same thing to 2 or more persons - thing is generic thing - in bad faith
28
Pure Obligations have no condition, no period. It is demandable at once.
Yes
29
Condition or Period - debtor binds himself where his means permit him to do so - if future and uncertain
- Period - Condition
30
Kinds of Condition - Suspensive vs Resolutory - Potestative vs Casual vs Mixed - Impossible vs Possible - Positive vs Negative
**Suspensive** - give rise to obligation **Resolutory** - extinguish obligation (demandable at once) **Potestative** - depends on will of parties **Casual** - depends on will of 3rd parties
31
Obligation may be void - Potestative (certain case) - Impossible (certain case)
**Potestative** - debtor + suspensive **Impossible** - positive (if negative → just disregard) - if divisible → yung part na yon is valid
32
If the obligor voluntary prevents fulfillment, condition shall be deemed fulfilled.
Yes
33
- Art 1187 (retroactivity and fruits)
- shall retroact on **day of constitution** of obligation - reciprocal = fruits → mutually compensated - unilateral = fruits → debtor ## Footnote Prescription → time when obligation is fulfilled
34
To Give + Suspensive - Art 1189 (Improvement, Loss or Deterioration)
Lost - Without Fault → extinguished - With Fault → liable for damage Deterioration - Without Fault → borne by creditor - With Fault → specific performance + damage **OR** rescission + damage (same in remedies of creditor) Improvement - Inherent → borne to creditor - Expense of Debtor → usufractuary only
35
Kinds of Period - Suspensive vs Resolutory - Conventional, Legal, Judicial
Suspensive (ex die) Resolutory (in diem) Conventional → agreed-upon
36
Parties = has the right to fix period Exceptions
Court may fix a period in ff. cases: - no period (but it can be inferred that a period was intended) - duration depends upon will of debtor (e.g. I will pay when my means permit me to do so)
37
Benefit of Period What is the general rule? ## Footnote XPN : sa tenor of obligation, parang may pinapanigan yung period
presumed to be established for benefit of both creditor and debtor - debtor cannot be made to pay before period - creditor cannot be made to accept before period
38
Debtor's Loss of Benefit of Period (obligation is demandable at once)
1. became insolvent (unless may security) 2. failed to deliver the guaranty he promised 3. own act → impaired the guaranty, then guaranty was lost through fortuitous event (unless gives new security) 4. violation and attempt to abscond
39
For alternative obligation, right of choice belongs to DR (XPN : granted to CR) - can DR choose prestation that is impossible or unlawful?
No - also, cannot choose part of A, then part of B
40
Rules on Loss of Object (Alternative Obligation) - ano yung reckoning point if the right belongs to debtor? ## Footnote NOTE : Kung isang prestation na lang natititra, obligation is now a simple obligation and demandable at once.
yung last prestation (walang pake sa mga naunang prestation)
41
Rules on Loss of Object (Alternative Obligation) - if right of choice belongs to creditor, hindi na reckoning point yung last item. What will happen if 1 out of the 3 prestations is lost through own fault?
debtor can still deliver other **OR** value of the thing + damages (since yung right is na kay creditor na)
42
Rules on Loss of Object (Alternative Obligation) - isang prestation na lang yung natitira. Is the obligation now a simple obligation and is demandable at once?
NO - since right belongs to creditor, he can still choose yung prestation na nawala because of your fault (YES, kahit nawala na siya)* - in effect, alternative pa rin yung obligation *He cannot choose those lost through FE
43
Rules on Loss of Object (Facultative Obligation) - Before Substitution - After Substitution ## Footnote Anong bagay yung dapat ideliver?
Before - Principal After - Substitute ## Footnote KAY DEBTOR LANG YUNG RIGHT (compared sa alternative obligation)
44
If silent yung problem, ano yung assumption? Joint or Solidary?
Joint (shares are equal) ## Footnote Keyword for Joint → proportionate
45
May joint obligation. Yung isang debtor is minor. Dapat ba magshare yung ibang partner?
NO (since this is a joint obligation, meaning proportionate lang yung share nila) ## Footnote if solidary naman → tanggalin mo share ni minor (di na yon maccollect ng creditor "partial defense")
46
Other Terms for Solidary Obligation - mancomunada solidaria - **joint & several (!!!)** - in solidum - juntos o separadamente - **individually & collectively (!!!)** - **"I promise to pay" signed by more than 1 individual (!!!)** ## Footnote Remember This!
Yes
47
Instances when Obligation is Solidary - when the law so provides - when nature of obligation requires solidarity ## Footnote Some examples of "when the law so provides"
- agent exceeded authority BUT principal allowed him to act as though he had full powers - bailees (loan) - **quasi-delict (!!!)**
48
May solidary obligation. A solidary debtor or solidary creditor made a mode of extinguishment of obligation. Is the obligation extinguished?
YES (since this is a solidary obligation, meaning parang iisa lang sila) - pwedeng manghingi ng reimbursement
49
May solidary obligation. One of the debtor paid already the obligation, that's why nanghihingi na siya ng reimbursement sa other debtors. However, A is insolvent. Other debtors are not liable for the share of A since this is a solidary obligation. True or False?
False (Other debtors WILL BE liable in case one of them is insolvent)
50
An obligation is indivisible. Thus, it cannot be a joint obligation. True or False?
False (indivisibility does not affect joint or solidary)
51
Penal clause shall substitute the damage and interest. True or False? ## Footnote NOTE : Penal Clause is only an accessory obligation.
General Rule → True Exceptions - debtor refuses to pay the penalty - debtor is guilty of incidental fraud
52
General Rule : Payment must be Complete Exceptions
1. Substantial performance in good faith → less damages suffered 2. Creditor accepted without protest
53
Payment by 3rd Person (✓ Consent, ✓ Interest) - can the creditor be compelled to accept the payment? - what is the rights of the 3rd person? ## Footnote 3rd Person → must have capacity and free disposal of the thing
- Yes - Full Reimbursement + Right of Subrogation
54
Payment by 3rd Person (✗ Consent, ✗ Interest) - can the creditor be compelled to accept the payment? - what is the rights of the 3rd person? ## Footnote 3rd Person → must have capacity and free disposal of the thing → if not = void
- No (pero if yung creditor is inaccept naman, walang magagawa) - Beneficial Reimbursement ONLY
55
To whom payment is to be made (CSA)
1. Creditor 2. Successor in Interest (pero syempre, dapat patay na si creditor para maging valid) 3. Authorized Person
56
What is the rule in case paid to a third person? ## Footnote 3rd Person → must have capacity and free disposal of the thing → if not = valid insofar as it redounded to benefit of creditor
Valid insofar as it redounded to benefit of creditor Benefit **need not be proven** if 3rd person - eventually acquires (e.g. namatay na yung tatay) - in possession of credit (e.g. promissory note nakapangalan kay 3rd person) Creditor - ratifies - conduct led debtor to believe
57
Legal Tender is the payment to which the **creditor** can be **compelled** to accept. What are the rules in the ff: - bills - coins (P1 above) - coins (cents) ## Footnote Are negotiable instruments and checks considered legal tender?
Bills - any amount Coins (P1 above) - up to P2000 Coins (cents) - up to P200 ## Footnote No (pero if inaccept ni creditor... paid once maencashed)
58
Place of Payment 1. Stipulated 2. If no stipulation + determinate thing → **?** 3. residual → debtor's residence
- wherever the thing is at time of constitution
59
Special Forms of Payment (DPAT)
- Dacion en Pago → governed by Law on Sales - Payment by Cession - Application of Payments - Tender of Payment & Consignation
60
Dacion en Pago vs Payment by Cession - ownership is transferred to creditor
Dacion en Pago - Cession → possession lang yung natransfer since ibebenta ng creditors
61
Dacion en Pago vs Payment by Cession - General Rule : Obligation is Extinguished - Exception : Value of the thing (as agreed upon)
Dacion en Pago - Cession → Obligation is not extinguished (Up to net proceeds only, kaya if kulang pa rin yung proceeds pwede ka pa rin habulin)
62
Dacion en Pago vs Payment by Cession - Many creditors, Many Property - debtor must be insolvent
Cession - Dacion en Pago → 1 Creditor, 1 Property ## Footnote Exempt from execution → not covered by cession
63
Requisites of Dacion en Pago (1DCP-A)
- 1 Debtor, Creditor, Property - Acceptance by creditor of delivery
64
Requisites of Cession (1ID, CPM-A)
- 1 INSOLVENT Debtor - Creditor, Property is many - Acceptance by creditor of delivery
65
Application of Payment - yung isang utang is cash, yung isang utang is sack of rice. Is application of payment applicable? - Due date ng utang is December 31,2020. I offered to pay on June 30, 2020. Is application of payment applicable?
- No (debt must be of same kind) - No (debt must be due and demandable)
66
Application of Payment - Due date ng utang (PHP 100K) is February 16,2020. I offered to pay (PHP 95K) on February 28, 2020 since ayokong lumaki pa lalo yung interest. Is application of payment applicable?
No (payment must be complete - partial payment X)
67
Requisites of Application of Payments (DDS-C)
- debts are due and demandable, same kind - complete payment
68
If debtor exercise right to apply payment, the above requisites are required. What if debtor did not exercise right? - creditor issued receipt - creditor did not issue receipt
if nag-issue yung creditor ng receipt, dun sa obligation na yun maaapply yung payment if hindi nag-issue ng receipt - unahin muna yung most onerous - if same burden lang lahat, apply proportionately
69
Nagtender of payment ako. Sabi ko kay creditor gagawin ko na yung obligation. Is the obligation extinguished?
No (tender of payment is only a preparatory act)
70
Requisites of Consignation - Today is January 31, 2025. Due date ng debt ko is February 1 pa. Can I apply for consignation?
No - debt must be due and demandable
71
Requisites of Consignation - must give prior notice of my consignation - thing must be deposited in court
Yes
72
Cases where pwede diretso consignation (no need for tender of payment) - creditor → absent, incapacitated to receive - creditor → refuses to give receipt (without just cause) - two or more persons → claim same right to collect
Yes
73
Requisites of Condonation / Remission - **must be accepted by debtor (!!!)** - gratuitous and both have legal capacity - comply with forms of donation Explain the forms of donation.
- If real property → public instrument - Personal Property (less than 5K) → oral or written - Personal Property (more than 5K) → written ## Footnote applies to acceptance of debtor also
74
Merger / Confusion - always total **(!!!)**
Yes
75
Requisites of Compensation - both parties must be principal debtor and principal creditor of their own right - both debts are money What is the meaning of principal? What if both debts are consumable?
- principal → compensation cannot take place if yung right to collect mo is because of contract of agency - must be of same kind or quality
76
Requisites of Compensation - both debts must be due, demandable, liquidated - no controversy What is the meaning of liquidated?
- liquidated → exact na dapat yung amount ## Footnote Rescissible and Voidable Debts → may be subject of compensation
77
Instances when Compensation Won't Take Place - depositum → as to ? - bail → as to ? - support → as to one ? - crimes
- depositum → as to depositary - bail → as to bailee - support → as to one giving support (**XPN** : support in arrears, contractual)
78
Nafulfill yung mga requisites of compensation stated above. Is compensation automatic?
Yes (kahit di pa aware yung creditor at debtor sa compensation, automatic macocompensate)
79
Original obligation is void. Because of that, magnonovation kami para nga hindi na maging void yung obligation. Can novation go through?
No (both the old and new obligation must be VALID) ## Footnote old obligation → may be rescissible / voidable
80
Real Novation vs Personal Novation - there is a change in object / change in principal condition
Real Novation - Express → unequivocal terms - Implied → old and new obligations are incompatible of each other (they cannot stand together)
81
Personal Novation (Subrogation) - Conventional - Legal
Legal - creditor pays another creditor who is preferred **(even if w/o consent of debtor)** - interested person **(even if w/o consent of debtor)** - 3rd person pays **(w consent of debtor)** ## Footnote Original Creditor → mas preferred compared sa 3rd party na nasubrogate
82
Personal Novation (Substitution) - Expromision - Delegacion What if 3rd person (new debtor) pays? What can he get from the original debtor?
Expromision → beneficial reimbursement Delegacion → full reimbursement
83
Personal Novation (Substitution) - Expromision - Delegacion What if 3rd person (new debtor) is insolvent? Is the original debtor still liable?
Expromision → not liable Delegacion → not liable (XPN : insolvency was already existing, public knowledge, alam na ni debtor)
84
Personal Novation (Substitution) will go through without the creditor's consent. True or False?
False (dapat may creditor's consent)
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